Major blow to Modi government to restrict the governance of Fascism! Welcome Judicial Verdict Setting Aside President's Rule in Uttarakhand!

Major blow to Modi government to restrict the governance of Fascism!
Welcome Judicial Verdict Setting Aside President's Rule in Uttarakhand!
Palash Biswas



No one is above the law.Not even the President of India.In a landmark judgement, the Uttarakhand High Court has set aside the President's rule imposed on March 27, 2016 and directed the holding of a Floor test on April 29. President's Rule was wrongly declared for Uttarakhand, said the state's high court today in a big and embarrassing setback for the Centre.

Perhaps it would prove a major restriction against absolute power of the central government which chooses to dismiss the state governments in the state for the best interest of ruling party in the helms of the nation.

Dealing a major blow to Modi government, the Uttarakhand High Court on Thursday quashed the imposition of President' rule in the state and revived the Congress government headed by Harish Rawat, who has been asked to prove his majority on April 29.

Uttarakhand High Court on Thursday quashed the President's Rule in the state. The Court said "Centre acted in 'blatant falsehood' and also accused Uttarakhand Speaker of "double standards'."The decision was passed by the two-judge bench of the Uttarakhand High Court comprising Chief Justice KM Joseph and BN Bisht, which said that there was no reason for the Centre to impose President's Rule in the state.  

It is unprecedented that President`s decision is held illegal and Harish Rawat has been reinstated as Chief Minister with the Court ordering "as you were" for the hill-side state; he will take a trust vote next Friday to determine if he can continue as head of a Congress government in the state. "The truth has won," he said today.

However,the Centre has said it will challenge today's verdict in the Supreme Court.It has every right.Let Rawat prove majority in the house which should have the ultimate say to decide who should rule the state.


Harish Rawat has been reinstated as Chief Minister with the Court ordering "as you were" for the hill-side state; he will take a trust vote next Friday to determine if he can continue as head of a Congress government in the state. "The truth has won," he said today.

The Centre has said it will challenge today's verdict in the Supreme Court.


Celebrations outside the Uttarakhand High Court after the judgement against President's rule in the state.

In keeping with the pattern of the last few hearings, the judges were fierce today in their criticism of the Centre, underscoring that President's Rule "should be used as a matter of last resort," and that the removal of "a democratically elected government breeds cynicism in the heart of citizens".

In March, just one day before Mr Rawat was scheduled to prove his majority in the legislature, the Centre declared that it would govern Uttarakhand through Governor KK Paul. It has argued that since President Pranab Muhkerjee signed off on the decision, the move could not be examined by courts. "Even the President can be wrong," the judges firmly replied yesterday.

The Congress has accused the Centre of distorting rules to remove an Opposition government - a position vindicated by the court today.

The Centre has said that Mr Rawat lost his majority in the legislature in March, as evidenced by the fact that nine of his own party members voted against the budget he presented for the state. But Mr Rawat claims he will deliver the 36 votes he needs to remain in power.

He has also dismissed as doctored a CD that the BJP furnished in which it claims he's seen attempting to buy votes.

The Polit Bureau of the Communist Party of India (Marxist) has issued a satatement nad said that it is very significant that the Court underlined that Article 356 of the Constitution must be used as the last resort.  Further, it ruled that  the imposition of President's rule was contrary to the norms laid down by the Supreme Court.



The Polit Bureau said that this is a slap on the face of the BJP-led Modi government which resorted to such an undemocratic and anti-Constitutional step in Uttarakhand.Unable to form governments in states through people's mandate in Assembly elections, the BJP is resorting to such a subterfuge.  In this instance, those responsible for such an undemocratic exercise in Uttarakhand must be brought to book.  Accountability is the hallmark of democracy.